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The Three Step Process For A Section 21 Eviction
STEP 1 – Serving Notice on your Tenant
- 2 months notice must be given to the Tenant
This can be done from month 4 of a 6 month fixed term tenancy or month 10 of a 12 month fixed term tenancy giving the Tenant notice that you require possession of the property on expiry of the Tenancy Agreement.
- The Notice served must be in prescribed form otherwise the Court will dismiss the claim and a fresh Notice will need to be served
- If the Tenant does not leave the property by the date stated in the Notice we will move on to Step 2
STEP 2 – Order for Possession
- Applies if the Tenant has not vacated the property by the date in the s.21 Notice
- You will need to provide us with:
A copy of the Tenancy Agreement
The Tenancy Deposit Certificate
Schedule of Arrears
A copy of the s.21 Notice if you have done this yourself
- We will submit the Claim Form to the Court with the required fee
- A hearing is not usually required
- When the Order for Possession is granted, notice will be served on the Tenant stating the date by which they must vacate the property
- If the Tenant does not leave on or before the date ordered by the Court Step 3 will be required
STEP 3 – Appointment of Bailiffs
- If the Tenant fails to vacate the property on the date ordered, we will apply for a Warrant of Possession through the Court and instruct Bailiffs
- Bailiffs will attend the property to gain entry and evict the Tenants
- We will advise you of the date and either you or your agent will need to be present with a locksmith to secure the property after the Bailiffs have completed the eviction
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My name is Carol O’ Leary. I am a lawyer who specialises in legal services for landlords. We aim to provide our clients with an outstanding legal service.
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